Smith v. State Personnel Board, 1981-1984
Scope and Contents
This case concerns Sherry Smith, who was employed as a Pyschiatric Social Worker at Sonoma State Hospital (SSH) in 1978. She was placed on administrative leave in November 1980, and subsequently fired in early 1981, presumably because of having filed civil rights complaints through local, State, and Federal channels on behalf of her clients. Smith, whose express duties involved advocating for Hospital residents, and whose job functions in this role "include the responsibility to ensure that residents' rights aren't violated, to assist the Interdiscliplinary Team regarding compliance with regulations" and "to ensure that the family, guardian, and Regional Centers are kept informed of the client's progress," believed that the firing was retaliatory. SSH administration notes that punitive actions were taken against Smith because of "excessive activities related to her concerns over alleged regulatory deficiences in educational services provided to Hospital clients." It is presumed that Smith was fired for creating excessive paperwork with her criticism of SSH's services.
Smith had positive working relationships with her colleagues who, in 1980, signed a petition in support of her. Other social workers feared that their ability to do their jobs was being hindered by the retaliatory action taken against Smith (otherwise known in legal circles as a "chilling effect"). Smith continued "to allege that the punitive actions taken against her are in retaliation for protected activity in furtherance of clients' civil rights." In response, SSH claims Smith was "excessive in her advocacy duties." SSH characterized Smith's actions as unprofessional and lacking in judgement, claims that were "not supported by OCR interviews with other social workers or by any evidence of tangible adverse effects on the Hospital's operations."
The ACLU represented Smith, who also alleges that she was denied due process. Unfortunately, the outcome of the case is not known.
Dates
- 1981-1984
Access Restrictions
Some case files in this series are restricted.
Extent
From the Sub-Series: 42.5 linear feet (33 record storage cartons and 3 legal document boxes)
Language of Materials
English
Repository Details
Part of the California Historical Society Repository